Rustem Tursunbayev is a flight risk, hearing told

Kazakh millionaire businessman Rustem Tursunbayev, arrested in Toronto after his government accused him of illegally stripping assets from the state-owned nuclear fuel company he helped run, had a “secret” passport from a third country, making it all the more likely he could flee if released on bail before deportation, the government says.

An official with Canada Border Services Agency also argued Friday that Mr. Tursunbayev, 49, the former vice–president of Kazakhstan’s national nuclear company Kazatomprom, had huge amounts of undeclared cash.

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He transferred $4.3-million just 11 days after entering Canada despite telling immigration officials he only had $50,000 in savings, said Andrew Rustja, counsel for CBSA.

The money was transferred through a Swiss bank from an account on the British Virgin Isles, Mr. Rustja said at the hearing before the Immigration and Refugee Board.

Mr. Tursunbayev is arguing to be released from jail, where he is being held for alleged immigration violations, pending a hearing into his admissibility in Canada.

One of four lawyers representing Mr. Tursunbayev, however, dismissed the information as nothing suspicious or abnormal. Wealthy people come to Canada and transfer money all the time, said Lorne Waldman. He said his client did not lie to immigration, but was not asked to disclose his investments and therefore answered honestly.

Allegations of income misrepresentation and a “secret” passport anchored the CBSA’s case to keep Mr. Tursunbayev incarcerated prior to being returned to Kazakhstan, a former Soviet republic, where he is accused of a multimillion-dollar embezzlement and is facing fraud charges.

In late August of last year, Interpol sent out a so-called “red notice” for Mr. Tursunbayev, citing charges of expropriation or embezzlement of trusted property, forgery, manufacture or sale of forged documents, among other charges.

Red notices from Interpol must be carefully scrutinized, said Mr. Waldman.

All an alert does is establish that the country wants an individual arrested, he said. The credibility of the country issuing the alert must be taken into account — and Kazakhstan is a country where every step of the judicial process is corrupt, he argued. Mr. Tursunbayev appeared to be in good health at the hearing, despite it being rescheduled from Wednesday due to health concerns.

Mr. Tursunbayev was rushed to the hospital after complaining of dizziness and pain in his chest. It was not a heart attack, which was the initial fear.

At Friday’s hearing, he stood handcuffed, in an orange jump-suit, solemnly looking on. A Russian translator was present but not needed.

Mr. Rustja pointed to a second passport from the Federation of Saint Kitts and Nevis, a small West Indies nation.

This passport was never submitted to Canadian immigration officials and Mr. Rustja said citizenship there can be obtained by investment in the sugar cane industry or property on the island.

“He has shown that he has already spent money to secure citizenship in another country,” Mr. Rustja said. “He could flee without detection and no amount of money would secure his compliance.”

The Saint Kitts passport was obtained only out of convenience, said Mr. Waldman.

He said a Saint Kitts passport allowed his client to travel without a visa to more countries than his Kazakhstan passport and it was “common practice.”

Mr. Tursunbayev relinquished this second passport wilfully and the only reason CBSA had not received it yet was because Mr. Waldman had forgotten to give it to them, he said.

The detention review will continue.
National Post
With files from Adrian Humphreys